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A01971 Summary:
BILL NO | A01971 |
  | |
SAME AS | SAME AS S00720 |
  | |
SPONSOR | Sanders (MS) |
  | |
COSPNSR | Glick, Gottfried, DiNapoli, Grannis, Brennan, Clark, Arroyo, Eddington |
  | |
MLTSPNSR | Alfano, Aubry, Boyland, Cahill, Canestrari, Christensen, Cohen A, Cohen M, Cook, Cymbrowitz,Davis, Diaz, Dinowitz, Englebright, Espaillat, Eve, Farrell, Galef, Gianaris, Gordon, Green,Greene, Heastie, Hoyt, Jacobs, John, Lafayette, Lavelle, Lopez, Luster, Matusow, McEneny,McLaughlin, Millman, Morelle, Norman, Ortiz, Paulin, Perry, Pheffer, Pretlow, Ravitz,Rhodd-Cummings, Rivera P, Scarborough, Sidikman, Spano, Straniere, Stringer, Sullivan E, Sweeney,Thiele, Towns, Weinstein, Weisenberg, Weprin, Wright |
  | |
Amd SS291, 292, 295, 296 & 296-a, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L | |
  | |
Prohibits discrimination based on sexual orientation defined herein as heterosexuality, homosexuality, bisexuality or asexuality in employment, credit, public accommodations, education, etc.; preserves an exception for religious institutions or organizations based on religious principles. |
A01971 Floor Votes:
Yes
Abbate
AB
Colman
Yes
Gantt
Yes
Lafayette
Yes
O'Connell
Yes
Stephens
ER
Acampora
Yes
Colton
Yes
Gianaris
Yes
Lavelle
Yes
Ortiz
Yes
Straniere
Yes
Alfano
Yes
Conte
Yes
Glick
Yes
Lentol
Yes
Ortloff
Yes
Stringer
Yes
Arroyo
Yes
Cook
Yes
Gordon
Yes
Levy
Yes
Parment
Yes
Sullivan EC
Yes
Aubry
No
Crouch
Yes
Gottfried
Yes
Little
Yes
Paulin
Yes
Sullivan F
Yes
Bacalles
Yes
Cymbrowitz
Yes
Grannis
Yes
Lopez
Yes
Perry
Yes
Sweeney
No
Barra
No
D'Andrea
Yes
Green
Yes
Luster
Yes
Pheffer
No
Tedisco
No
Barraga
Yes
Davis
Yes
Greene
No
Magee
Yes
Powell
Yes
Thiele
Yes
Boyland
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
No
Prentiss
No
Tocci
Yes
Boyle
Yes
Destito
Yes
Gunther
No
Manning
Yes
Pretlow
Yes
Tokasz
Yes
Bragman
Yes
Diaz
No
Hayes
Yes
Markey
Yes
Ravitz
Yes
Tonko
Yes
Brennan
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Rhodd Cummings
Yes
Towns
Yes
Brodsky
No
Dinga
No
Herbst
Yes
Mayersohn
Yes
Rivera J
No
Townsend
Yes
Brown
Yes
Dinowitz
Yes
Higgins
Yes
McEneny
Yes
Rivera PM
Yes
Vann
No
Burling
Yes
Eddington
No
Hikind
Yes
McLaughlin
No
Robach
No
Vitaliano
No
Butler
Yes
Englebright
Yes
Hooper
Yes
Miller
Yes
Sanders
No
Warner
Yes
Cahill
No
Errigo
Yes
Hoyt
Yes
Millman
Yes
Scarborough
Yes
Weinstein
No
Calhoun
Yes
Espaillat
Yes
Jacobs
Yes
Mills
Yes
Schimminger
Yes
Weisenberg
Yes
Canestrari
Yes
Eve
Yes
John
Yes
Morelle
Yes
Scozzafava
Yes
Weprin
Yes
Carrozza
Yes
Farrell
No
Kaufman
Yes
Murray
No
Seaman
No
Wertz
No
Casale
Yes
Faso
No
Kirwan
No
Nesbitt
Yes
Seddio
Yes
Winner
Yes
Christensen
Yes
Ferrara
Yes
Klein
ER
Nolan
No
Seminerio
No
Wirth
Yes
Clark
Yes
Finch
No
Kolb
Yes
Norman
Yes
Sidikman
Yes
Wright
Yes
Cohen A
Yes
Flanagan
Yes
Koon
ER
Nortz
Yes
Smith
No
Young
Yes
Cohen M
Yes
Galef
No
Labriola
No
Oaks
Yes
Spano
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Parment
Yes
Sullivan F
Yes
Acampora
Yes
Conte
Yes
Gordon
Yes
Levy
Yes
Paulin
Yes
Sweeney
Yes
Alfano
Yes
Cook
Yes
Gottfried
Yes
Little
Yes
Perry
No
Tedisco
Yes
Arroyo
No
Crouch
Yes
Grannis
Yes
Lopez
Yes
Pheffer
Yes
Thiele
Yes
Aubry
Yes
Cymbrowitz
Yes
Green
Yes
Luster
Yes
Powell
No
Tocci
Yes
Bacalles
Yes
Davis
Yes
Greene
AB
Magee
No
Prentiss
Yes
Tokasz
Yes
Barra
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
Yes
Pretlow
Yes
Tonko
No
Barraga
Yes
Destito
Yes
Gunther
Yes
Manning
Yes
Ravitz
Yes
Towns
Yes
Boyland
Yes
Diaz
No
Hayes
Yes
Markey
Yes
Rivera J
No
Townsend
Yes
Boyle
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Rivera PM
No
Warner
Yes
Brennan
No
Dinga
No
Herbst
Yes
Mayersohn
No
Robach
Yes
Weinstein
Yes
Brodsky
Yes
Dinowitz
Yes
Higgins
Yes
McEneny
Yes
Sanders
Yes
Weisenberg
ER
Brown
Yes
Eddington
AB
Hikind
Yes
McLaughlin
Yes
Scarborough
Yes
Weprin
No
Burling
Yes
Englebright
Yes
Hooper
Yes
Miller
Yes
Schimminger
No
Wertz
No
Butler
No
Errigo
Yes
Hoyt
Yes
Millman
Yes
Scozzafava
Yes
Winner
Yes
Cahill
Yes
Espaillat
Yes
Jacobs
Yes
Mills
No
Seaman
No
Wirth
No
Calhoun
Yes
Eve
Yes
John
Yes
Morelle
Yes
Seddio
Yes
Wright
Yes
Canestrari
Yes
Farrell
No
Kaufman
No
Nesbitt
No
Seminerio
Yes
Young
Yes
Carrozza
Yes
Faso
No
Kirwan
Yes
Nolan
Yes
Sidikman
Yes
Mr. Speaker
No
Casale
Yes
Ferrara
Yes
Klein
Yes
Norman
Yes
Smith
Yes
Christensen
No
Finch
No
Kolb
Yes
Nortz
Yes
Spano
Yes
Clark
Yes
Flanagan
Yes
Koon
No
Oaks
Yes
Stephens
Yes
Cohen A
Yes
Galef
No
Labriola
Yes
O'Connell
Yes
Straniere
Yes
Cohen M
Yes
Gantt
Yes
Lafayette
Yes
Ortiz
Yes
Stringer
AB
Colman
Yes
Gianaris
Yes
Lavelle
Yes
Ortloff
Yes
Sullivan EC
‡ Indicates voting via videoconference
A01971 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1971 2001-2002 Regular Sessions IN ASSEMBLY January 17, 2001 ___________ Introduced by M. of A. SANDERS, GLICK, GOTTFRIED, DiNAPOLI, GRANNIS, BRENNAN, CLARK, ARROYO, BRAGMAN -- Multi-Sponsored by -- M. of A. ALFANO, AUBRY, BOYLAND, CANESTRARI, CHRISTENSEN, A. COHEN, M. COHEN, COOK, DAVIS, DIAZ, DINOWITZ, ENGLEBRIGHT, ERRIGO, ESPAILLAT, EVE, FARRELL, GALEF, GIANARIS, GREEN, GREENE, HOYT, JACOBS, JOHN, LAFAY- ETTE, LAVELLE, LOPEZ, LUSTER, MATUSOW, McENENY, McLAUGHLIN, MILLMAN, MORELLE, NORMAN, ORTIZ, PERRY, PHEFFER, PRETLOW, RAVITZ, RHODD-CUM- MINGS, P. RIVERA, SCARBOROUGH, SIDIKMAN, SPANO, STRINGER, E. C. SULLI- VAN, SWEENEY, TOWNS, VANN, WEINSTEIN, WEISENBERG, WEPRIN, WRIGHT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, the civil rights law and the educa- tion law, in relation to prohibiting discrimination based on sexual orientation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature reaffirms 2 that the state has the responsibility to act to assure that every indi- 3 vidual within this state is afforded an equal opportunity to enjoy a 4 full and productive life, and that the failure to provide such equal 5 opportunity, whether because of discrimination, prejudice, intolerance 6 or inadequate education, training, housing or health care not only 7 threatens the rights and proper privileges of its inhabitants, but 8 menaces the institutions and foundation of a free democratic state and 9 threatens the peace, order, health, safety and general welfare of the 10 state and its inhabitants. 11 The legislature further finds that many residents of this state have 12 encountered prejudice on account of their sexual orientation, and that 13 this prejudice has severely limited or actually prevented access to 14 employment, housing and other basic necessities of life, leading to 15 deprivation and suffering. The legislature further recognizes that this 16 prejudice has fostered a general climate of hostility and distrust, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00799-01-1A. 1971 2 1 leading in some instances to physical violence against those perceived 2 to be homosexual or bisexual. 3 In so doing, the legislature makes clear its action is not intended to 4 promote any particular attitude, course of conduct or way of life. Rath- 5 er its purpose is to ensure that individuals who live in our free socie- 6 ty have the capacity to make their own choices, follow their own beliefs 7 and conduct their own lives as they see fit, consistent with existing 8 law. 9 Nothing in this legislation should be construed to create, add, alter 10 or abolish any right to marry that may exist under the constitution of 11 the United States, or this state and/or the laws of this state. 12 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as 13 amended by chapter 803 of the laws of 1975, are amended to read as 14 follows: 15 1. The opportunity to obtain employment without discrimination because 16 of age, race, creed, color, national origin, sexual orientation, sex or 17 marital status is hereby recognized as and declared to be a civil right. 18 2. The opportunity to obtain education, the use of places of public 19 accommodation and the ownership, use and occupancy of housing accommo- 20 dations and commercial space without discrimination because of age, 21 race, creed, color, national origin, sexual orientation, sex or marital 22 status, as specified in section two hundred ninety-six of this article, 23 is hereby recognized as and declared to be a civil right. 24 § 3. Section 292 of the executive law is amended by adding a new 25 subdivision 27 to read as follows: 26 27. The term "sexual orientation" means heterosexuality, homosexuali- 27 ty, bisexuality or asexuality, whether actual or perceived. However, 28 nothing contained herein shall be construed to protect conduct otherwise 29 proscribed by law. 30 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as 31 amended by chapter 113 of the laws of 1978, are amended to read as 32 follows: 33 8. To create such advisory councils, local, regional or state-wide, as 34 in its judgment will aid in effectuating the purposes of this article 35 and of section eleven of article one of the constitution of this state, 36 and the division may empower them to study the problems of discrimi- 37 nation in all or specific fields of human relationships or in specific 38 instances of discrimination because of age, race, creed, color, national 39 origin, sexual orientation, sex, disability or marital status and make 40 recommendations to the division for the development of policies and 41 procedures in general and in specific instances. The advisory councils 42 also shall disseminate information about the division's activities to 43 organizations and individuals in their localities. Such advisory coun- 44 cils shall be composed of representative citizens, serving without pay, 45 but with reimbursement for actual and necessary traveling expenses; and 46 the division may make provision for technical and clerical assistance to 47 such councils and for the expenses of such assistance. 48 9. To develop human rights plans and policies for the state and assist 49 in their execution and to make investigations and studies appropriate to 50 effectuate this article and to issue such publications and such results 51 of investigations and research as in its judgement will tend to inform 52 persons of the rights assured and remedies provided under this article, 53 to promote good-will and minimize or eliminate discrimination because of 54 age, race, creed, color, national origin, sexual orientation, sex, disa- 55 bility or marital status.A. 1971 3 1 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 2 of the executive law, as amended by chapter 204 of the laws of 1996, are 3 amended to read as follows: 4 (a) For an employer or licensing agency, because of the age, race, 5 creed, color, national origin, sexual orientation, sex, disability, 6 genetic predisposition or carrier status, or marital status of any indi- 7 vidual, to refuse to hire or employ or to bar or to discharge from 8 employment such individual or to discriminate against such individual in 9 compensation or in terms, conditions or privileges of employment. 10 (b) For an employment agency to discriminate against any individual 11 because of age, race, creed, color, national origin, sexual orientation, 12 sex, disability, genetic predisposition or carrier status, or marital 13 status, in receiving, classifying, disposing or otherwise acting upon 14 applications for its services or in referring an applicant or applicants 15 to an employer or employers. 16 (c) For a labor organization, because of the age, race, creed, color, 17 national origin, sexual orientation, sex, disability, genetic predispo- 18 sition or carrier status, or marital status of any individual, to 19 exclude or to expel from its membership such individual or to discrimi- 20 nate in any way against any of its members or against any employer or 21 any individual employed by an employer. 22 (d) For any employer or employment agency to print or circulate or 23 cause to be printed or circulated any statement, advertisement or publi- 24 cation, or to use any form of application for employment or to make any 25 inquiry in connection with prospective employment, which expresses 26 directly or indirectly, any limitation, specification or discrimination 27 as to age, race, creed, color [or], national origin, sexual orientation, 28 sex, disability, genetic predisposition or carrier status, or marital 29 status, or any intent to make any such limitation, specification or 30 discrimination, unless based upon a bona fide occupational qualifica- 31 tion; provided, however, that neither this paragraph nor any provision 32 of this chapter or other law shall be construed to prohibit the depart- 33 ment of civil service or the department of personnel of any city 34 containing more than one county from requesting information from appli- 35 cants for civil service examinations concerning any of the aforemen- 36 tioned characteristics, other than sexual orientation, for the purpose 37 of conducting studies to identify and resolve possible problems in 38 recruitment and testing of members of minority groups to insure the 39 fairest possible and equal opportunities for employment in the civil 40 service for all persons, regardless of age, race, creed, color, national 41 origin, sexual orientation, sex, disability, genetic predisposition or 42 carrier status, or marital status. 43 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 44 the executive law, paragraphs (b) and (d) as amended by chapter 414 of 45 the laws of 1984 and paragraph (c) as amended by chapter 166 of the laws 46 of 2000, are amended to read as follows: 47 (b) To deny to or withhold from any person because of race, creed, 48 color, national origin, sexual orientation, sex, age, disability, or 49 marital status, the right to be admitted to or participate in a guidance 50 program, an apprenticeship training program, on-the-job training 51 program, executive training program, or other occupational training or 52 retraining program; 53 (c) To discriminate against any person in his or her pursuit of such 54 programs or to discriminate against such a person in the terms, condi- 55 tions or privileges of such programs because of race, creed, color,A. 1971 4 1 national origin, sexual orientation, sex, age, disability or marital 2 status; 3 (d) To print or circulate or cause to be printed or circulated any 4 statement, advertisement or publication, or to use any form of applica- 5 tion for such programs or to make any inquiry in connection with such 6 program which expresses, directly or indirectly, any limitation, spec- 7 ification or discrimination as to race, creed, color, national origin, 8 sexual orientation, sex, age, disability or marital status, or any 9 intention to make any such limitation, specification or discrimination, 10 unless based on a bona fide occupational qualification. 11 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive 12 law, as amended by chapter 803 of the laws of 1975, is amended to read 13 as follows: 14 (a) It shall be an unlawful discriminatory practice for any person, 15 being the owner, lessee, proprietor, manager, superintendent, agent or 16 employee of any place of public accommodation, resort or amusement, 17 because of the race, creed, color, national origin, sexual orientation, 18 sex, or disability or marital status of any person, directly or indi- 19 rectly, to refuse, withhold from or deny to such person any of the 20 accommodations, advantages, facilities or privileges thereof, including 21 the extension of credit, or, directly or indirectly, to publish, circu- 22 late, issue, display, post or mail any written or printed communication, 23 notice or advertisement, to the effect that any of the accommodations, 24 advantages, facilities and privileges of any such place shall be 25 refused, withheld from or denied to any person on account of race, 26 creed, color, national origin, sexual orientation, sex, or disability or 27 marital status, or that the patronage or custom thereat of any person of 28 or purporting to be of any particular race, creed, color, national 29 origin, sexual orientation, sex or marital status, or having a disabili- 30 ty is unwelcome, objectionable or not acceptable, desired or solicited. 31 § 8. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of 32 the executive law, paragraphs (a) and (c) as amended by section 2 of 33 part D of chapter 405 of the laws of 1999 and paragraph (b) as amended 34 by chapter 166 of the laws of 2000, are amended to read as follows: 35 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 36 hold from any person or group of persons such housing accommodations 37 because of the race, creed, color, disability, national origin, sexual 38 orientation, age, sex, marital status, or familial status of such person 39 or persons, or to represent that any housing accommodation or land is 40 not available for inspection, sale, rental or lease when in fact it is 41 so available. 42 (b) To discriminate against any person because of his or her race, 43 creed, color, disability, national origin, sexual orientation, age, sex, 44 marital status, or familial status in the terms, conditions or privi- 45 leges of any publicly-assisted housing accommodations or in the furnish- 46 ing of facilities or services in connection therewith. 47 (c) To cause to be made any written or oral inquiry or record concern- 48 ing the race, creed, color, disability, national origin, sexual orien- 49 tation, age, sex, marital status, or familial status of a person seeking 50 to rent or lease any publicly-assisted housing accommodation. 51 § 9. Subdivision 3-b of section 296 of the executive law, as amended 52 by chapter 166 of the laws of 2000, is amended to read as follows: 53 3-b. It shall be an unlawful discriminatory practice for any real 54 estate broker, real estate salesperson or employee or agent thereof or 55 any other individual, corporation, partnership or organization for the 56 purpose of inducing a real estate transaction from which any such personA. 1971 5 1 or any of its stockholders or members may benefit financially, to repre- 2 sent that a change has occurred or will or may occur in the composition 3 with respect to race, creed, color, national origin, sexual orientation, 4 sex, disability, marital status, or familial status of the owners or 5 occupants in the block, neighborhood or area in which the real property 6 is located, and to represent, directly or indirectly, that this change 7 will or may result in undesirable consequences in the block, neighbor- 8 hood or area in which the real property is located, including but not 9 limited to the lowering of property values, an increase in criminal or 10 anti-social behavior, or a decline in the quality of schools or other 11 facilities. 12 § 10. Subdivision 4 of section 296 of the executive law, as amended by 13 chapter 730 of the laws of 1977, is amended to read as follows: 14 4. It shall be an unlawful discriminatory practice for an education 15 corporation or association which holds itself out to the public to be 16 non-sectarian and exempt from taxation pursuant to the provisions of 17 article four of the real property tax law to deny the use of its facili- 18 ties to any person otherwise qualified, by reason of his race, color, 19 religion, disability, national origin, sexual orientation, age or mari- 20 tal status. 21 § 11. Subdivision 5 of section 296 of the executive law, as amended by 22 chapter 730 of the laws of 1977, paragraphs (a) and (c) as amended by 23 chapter 368 of the laws of 1991, subparagraph 1 and the closing para- 24 graph of paragraph (a) as amended by section 4 of part D of chapter 405 25 of the laws of 1999, paragraph (b) as amended by chapter 657 of the laws 26 of 1983, subparagraphs 1 and 2 of paragraph (b) and the opening para- 27 graph of paragraph (c) as amended by chapter 166 of the laws of 2000, 28 subparagraphs 3 and 4 of paragraph (b) as amended by section 5 of part D 29 of chapter 405 of the laws of 1999, subparagraph 3 of paragraph (c) as 30 amended by section 6 of part D of chapter 405 of the laws of 1999 and 31 paragraph (d) as amended by section 7 of part D of chapter 405 of the 32 laws of 1999, is amended to read as follows: 33 5. (a) It shall be an unlawful discriminatory practice for the owner, 34 lessee, sub-lessee, assignee, or managing agent of, or other person 35 having the right to sell, rent or lease a housing accommodation, 36 constructed or to be constructed, or any agent or employee thereof: 37 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 38 from any person or group of persons such a housing accommodation because 39 of the race, creed, color, national origin, sexual orientation, sex, 40 age, disability, marital status, or familial status of such person or 41 persons, or to represent that any housing accommodation or land is not 42 available for inspection, sale, rental or lease when in fact it is so 43 available. 44 (2) To discriminate against any person because of race, creed, color, 45 national origin, sexual orientation, sex, age, disability, marital 46 status, or familial status in the terms, conditions or privileges of the 47 sale, rental or lease of any such housing accommodation or in the 48 furnishing of facilities or services in connection therewith. 49 (3) To print or circulate or cause to be printed or circulated any 50 statement, advertisement or publication, or to use any form of applica- 51 tion for the purchase, rental or lease of such housing accommodation or 52 to make any record or inquiry in connection with the prospective 53 purchase, rental or lease of such a housing accommodation which 54 expresses, directly or indirectly, any limitation, specification or 55 discrimination as to race, creed, color, national origin, sexual orien-A. 1971 6 1 tation, sex, age, disability, marital status, or familial status, or any 2 intent to make any such limitation, specification or discrimination. 3 The provisions of this paragraph (a) shall not apply (1) to the rental 4 of a housing accommodation in a building which contains housing accommo- 5 dations for not more than two families living independently of each 6 other, if the owner resides in one of such housing accommodations, (2) 7 to the restriction of the rental of all rooms in a housing accommodation 8 to individuals of the same sex or (3) to the rental of a room or rooms 9 in a housing accommodation, if such rental is by the occupant of the 10 housing accommodation or by the owner of the housing accommodation and 11 the owner resides in such housing accommodation or (4) solely with 12 respect to age and familial status to the restriction of the sale, 13 rental or lease of housing accommodations exclusively to persons sixty- 14 two years of age or older and the spouse of any such person, or for 15 housing intended and operated for occupancy by at least one person 16 fifty-five years of age or older per unit. In determining whether hous- 17 ing is intended and operated for occupancy by persons fifty-five years 18 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 19 federal Fair Housing Act of 1988, as amended, shall apply. 20 (b) It shall be an unlawful discriminatory practice for the owner, 21 lessee, sub-lessee, or managing agent of, or other person having the 22 right of ownership or possession of or the right to sell, rent or lease, 23 land or commercial space: 24 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 25 from any person or group of persons land or commercial space because of 26 the race, creed, color, national origin, sexual orientation, sex, age, 27 disability, marital status, or familial status of such person or 28 persons, or to represent that any housing accommodation or land is not 29 available for inspection, sale, rental or lease when in fact it is so 30 available; 31 (2) To discriminate against any person because of race, creed, color, 32 national origin, sexual orientation, sex, age, disability, marital 33 status, or familial status in the terms, conditions or privileges of the 34 sale, rental or lease of any such land or commercial space; or in the 35 furnishing of facilities or services in connection therewith; 36 (3) To print or circulate or cause to be printed or circulated any 37 statement, advertisement or publication, or to use any form of applica- 38 tion for the purchase, rental or lease of such land or commercial space 39 or to make any record or inquiry in connection with the prospective 40 purchase, rental or lease of such land or commercial space which 41 expresses, directly or indirectly, any limitation, specification or 42 discrimination as to race, creed, color, national origin, sexual orien- 43 tation, sex, age, disability, marital status, or familial status; or any 44 intent to make any such limitation, specification or discrimination. 45 (4) With respect to age and familial status, the provisions of this 46 paragraph shall not apply to the restriction of the sale, rental or 47 lease of land or commercial space exclusively to persons fifty-five 48 years of age or older and the spouse of any such person, or to the 49 restriction of the sale, rental or lease of land to be used for the 50 construction, or location of housing accommodations exclusively for 51 persons sixty-two years of age or older, or intended and operated for 52 occupancy by at least one person fifty-five years of age or older per 53 unit. In determining whether housing is intended and operated for occu- 54 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 55 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 56 amended, shall apply.A. 1971 7 1 (c) It shall be an unlawful discriminatory practice for any real 2 estate broker, real estate salesperson or employee or agent thereof: 3 (1) To refuse to sell, rent or lease any housing accommodation, land 4 or commercial space to any person or group of persons or to refuse to 5 negotiate for the sale, rental or lease, of any housing accommodation, 6 land or commercial space to any person or group of persons because of 7 the race, creed, color, national origin, sexual orientation, sex, age, 8 disability, marital status, or familial status of such person or 9 persons, or to represent that any housing accommodation, land or commer- 10 cial space is not available for inspection, sale, rental or lease when 11 in fact it is so available, or otherwise to deny or withhold any housing 12 accommodation, land or commercial space or any facilities of any housing 13 accommodation, land or commercial space from any person or group of 14 persons because of the race, creed, color, national origin, sexual 15 orientation, sex, age, disability, marital status, or familial status of 16 such person or persons. 17 (2) To print or circulate or cause to be printed or circulated any 18 statement, advertisement or publication, or to use any form of applica- 19 tion for the purchase, rental or lease of any housing accommodation, 20 land or commercial space or to make any record or inquiry in connection 21 with the prospective purchase, rental or lease of any housing accommo- 22 dation, land or commercial space which expresses, directly or indirect- 23 ly, any limitation, specification, or discrimination as to race, creed, 24 color, national origin, sexual orientation, sex, age, disability, mari- 25 tal status, or familial status; or any intent to make any such limita- 26 tion, specification or discrimination. 27 (3) With respect to age and familial status, the provisions of this 28 paragraph shall not apply to the restriction of the sale, rental or 29 lease of any land or commercial space exclusively to persons fifty-five 30 years of age or older and the spouse of any such person, or to the 31 restriction of the sale, rental or lease of any housing accommodation or 32 land to be used for the construction or location of housing accommo- 33 dations for persons sixty-two years of age or older, or intended and 34 operated for occupancy by at least one person fifty-five years of age or 35 older per unit. In determining whether housing is intended and operated 36 for occupancy by persons fifty-five years of age or older, Sec. 807 (b) 37 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 38 1988, as amended, shall apply. 39 (d) It shall be an unlawful discriminatory practice for any real 40 estate board, because of the race, creed, color, national origin, sexual 41 orientation, age, sex, disability, marital status, or familial status of 42 any individual who is otherwise qualified for membership, to exclude or 43 expel such individual from membership, or to discriminate against such 44 individual in the terms, conditions and privileges of membership in such 45 board. 46 (e) It shall be an unlawful discriminatory practice for the owner, 47 proprietor or managing agent of, or other person having the right to 48 provide care and services in, a private proprietary nursing home, conva- 49 lescent home, or home for adults, or an intermediate care facility, as 50 defined in section two of the social services law, heretofore 51 constructed, or to be constructed, or any agent or employee thereof, to 52 refuse to provide services and care in such home or facility to any 53 individual or to discriminate against any individual in the terms, 54 conditions, and privileges of such services and care solely because such 55 individual is a blind person. For purposes of this paragraph, a "blind 56 person" shall mean a person who is registered as a blind person with theA. 1971 8 1 commission for the visually handicapped and who meets the definition of 2 a "blind person" pursuant to section three of chapter four hundred 3 fifteen of the laws of nineteen hundred thirteen entitled "An act to 4 establish a state commission for improving the condition of the blind of 5 the state of New York, and making an appropriation therefor". 6 (f) The provisions of this subdivision, as they relate to age, shall 7 not apply to persons under the age of eighteen years. 8 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive 9 law, as amended by chapter 166 of the laws of 2000, is amended to read 10 as follows: 11 (a) It shall be an unlawful discriminatory practice for any fire 12 department or fire company therein, through any member or members there- 13 of, officers, board of fire commissioners or other body or office having 14 power of appointment of volunteer firefighters, directly or indirectly, 15 by ritualistic practice, constitutional or by-law prescription, by tacit 16 agreement among its members, or otherwise, to deny to any individual 17 membership in any volunteer fire department or fire company therein, or 18 to expel or discriminate against any volunteer member of a fire depart- 19 ment or fire company therein, because of the race, creed, color, 20 national origin, sexual orientation, sex or marital status of such indi- 21 vidual. 22 § 13. Subdivision 13 of section 296 of the executive law, as added by 23 chapter 662 of the laws of 1975, is amended to read as follows: 24 13. It shall be an unlawful discriminatory practice (i) for any person 25 to discriminate against, boycott or blacklist, or to refuse to buy from, 26 sell to or trade with, any person, because of the race, creed, color, 27 national origin, sexual orientation or sex of such person, or of such 28 person's partners, members, stockholders, directors, officers, managers, 29 superintendents, agents, employees, business associates, suppliers or 30 customers, or (ii) for any person wilfully to do any act or refrain from 31 doing any act which enables any such person to take such action. This 32 subdivision shall not apply to: 33 (a) Boycotts connected with labor disputes; or 34 (b) Boycotts to protest unlawful discriminatory practices. 35 § 14. Subdivisions 1 and 2 of section 296-a of the executive law, 36 subdivision 1 as amended by chapter 168 of the laws of 1977, paragraphs 37 a, b, c, d and e of subdivision 1 as amended by chapter 166 of the laws 38 of 2000, paragraph f of subdivision 1 as added by chapter 114 of the 39 laws of 1987 and subdivision 2 as amended by section 10 of part D of 40 chapter 405 of the laws of 1999, are amended to read as follows: 41 1. It shall be an unlawful discriminatory practice for any creditor or 42 any officer, agent or employee thereof: 43 a. In the case of applications for credit with respect to the 44 purchase, acquisition, construction, rehabilitation, repair or mainte- 45 nance of any housing accommodation, land or commercial space to discrim- 46 inate against any such applicant because of the race, creed, color, 47 national origin, sexual orientation, age, sex, marital status, disabili- 48 ty, or familial status of such applicant or applicants or any member, 49 stockholder, director, officer or employee of such applicant or appli- 50 cants, or of the prospective occupants or tenants of such housing accom- 51 modation, land or commercial space, in the granting, withholding, 52 extending or renewing, or in the fixing of the rates, terms or condi- 53 tions of, any such credit; 54 b. To discriminate in the granting, withholding, extending or renew- 55 ing, or in the fixing of the rates, terms or conditions of, any form ofA. 1971 9 1 credit, on the basis of race, creed, color, national origin, sexual 2 orientation, age, sex, marital status, disability, or familial status; 3 c. To use any form of application for credit or use or make any record 4 or inquiry which expresses, directly or indirectly, any limitation, 5 specification, or discrimination as to race, creed, color, national 6 origin, sexual orientation, age, sex, marital status, disability, or 7 familial status; 8 d. To make any inquiry of an applicant concerning his or her capacity 9 to reproduce, or his or her use or advocacy of any form of birth control 10 or family planning; 11 e. To refuse to consider sources of an applicant's income or to 12 subject an applicant's income to discounting, in whole or in part, 13 because of an applicant's race, creed, color, national origin, sexual 14 orientation, age, sex, marital status, childbearing potential, disabili- 15 ty, or familial status; 16 f. To discriminate against a married person because such person 17 neither uses nor is known by the surname of his or her spouse. 18 This paragraph shall not apply to any situation where the use of a 19 surname would constitute or result in a criminal act. 20 2. Without limiting the generality of subdivision one, it shall be 21 considered discriminatory if, because of an applicant's or class of 22 applicants' race, creed, color, national origin, sexual orientation, 23 age, sex, marital status or disability, or familial status, (i) an 24 applicant or class of applicants is denied credit in circumstances where 25 other applicants of like overall credit worthiness are granted credit, 26 or (ii) special requirements or conditions, such as requiring co-obli- 27 gors or reapplication upon marriage, are imposed upon an applicant or 28 class of applicants in circumstances where similar requirements or 29 conditions are not imposed upon other applicants of like overall credit 30 worthiness. 31 § 15. Section 40-c of the civil rights law, as amended by chapter 720 32 of the laws of 1982, is amended to read as follows: 33 § 40-c. Discrimination. 1. All persons within the jurisdiction of this 34 state shall be entitled to the equal protection of the laws of this 35 state or any subdivision thereof. 36 2. No person shall, because of race, creed, color, national origin, 37 sex, marital status, sexual orientation or disability, as such term is 38 defined in section two hundred ninety-two of the executive law, be 39 subjected to any discrimination in his or her civil rights, or to any 40 harassment, as defined in section 240.25 of the penal law, in the exer- 41 cise thereof, by any other person or by any firm, corporation or insti- 42 tution, or by the state or any agency or subdivision of the state. 43 § 16. Paragraph (a) of subdivision 1 of section 313 of the education 44 law, as amended by chapter 467 of the laws of 1991, is amended to read 45 as follows: 46 (a) It is hereby declared to be the policy of the state that the Amer- 47 ican ideal of equality of opportunity requires that students, otherwise 48 qualified, be admitted to educational institutions and be given access 49 to all the educational programs and courses operated or provided by such 50 institutions without regard to race, color, sex, religion, creed, mari- 51 tal status, age, sexual orientation as defined in section two hundred 52 ninety-two of the executive law or national origin, except that, with 53 regard to religious or denominational educational institutions, 54 students, otherwise qualified, shall have the equal opportunity to 55 attend therein without discrimination because of race, color, sex, mari- 56 tal status, age, sexual orientation as defined in section two hundredA. 1971 10 1 ninety-two of the executive law or national origin. It is a fundamental 2 American right for members of various religious faiths to establish and 3 maintain educational institutions exclusively or primarily for students 4 of their own religious faith or to effectuate the religious principles 5 in furtherance of which they are maintained. Nothing herein contained 6 shall impair or abridge that right. 7 § 17. Subdivision 3 of section 313 of the education law, as added by 8 chapter 753 of the laws of 1948, paragraphs (a) and (e) as amended by 9 chapter 537 of the laws of 1987, paragraph (c) as added by chapter 356 10 of the laws of 1953, paragraph (d) as added and paragraph (e) as relet- 11 tered by chapter 467 of the laws of 1991, is amended to read as follows: 12 (3) Unfair educational practices. It shall be an unfair educational 13 practice for an educational institution after September fifteenth, nine- 14 teen hundred forty-eight: 15 (a) To exclude or limit or otherwise discriminate against any person 16 or persons seeking admission as students to such institution or to any 17 educational program or course operated or provided by such institution 18 because of race, religion, creed, sex, color, marital status, age, sexu- 19 al orientation as defined in section two hundred ninety-two of the exec- 20 utive law or national origin; except that nothing in this section shall 21 be deemed to affect, in any way, the right of a religious or denomina- 22 tional educational institution to select its students exclusively or 23 primarily from members of such religion or denomination or from giving 24 preference in such selection to such members or to make such selection 25 of its students as is calculated by such institution to promote the 26 religious principles for which it is established or maintained. Nothing 27 herein contained shall impair or abridge the right of an independent 28 institution, which establishes or maintains a policy of educating 29 persons of one sex exclusively, to admit students of only one sex. 30 (b) To penalize any individual because he or she has initiated, testi- 31 fied, participated or assisted in any proceedings under this section. 32 (c) To accept any endowment or gift of money or property conditioned 33 upon teaching the doctrine of supremacy of any particular race. 34 (d) With respect to any individual who withdraws from attendance to 35 serve on active duty in the armed forces of the United States in time of 36 war, including any individual who withdrew from attendance on or after 37 August second, nineteen hundred ninety to serve on active duty in the 38 armed forces of the United States in the Persian Gulf conflict: (i) to 39 deny or limit the readmission of such individual to such institution or 40 to any educational program or course operated or provided by such insti- 41 tution because of such withdrawal from attendance or because of the 42 failure to complete any educational program or course due to such with- 43 drawal; (ii) to impose any academic penalty on such person because of 44 such withdrawal or because of the failure to complete any educational 45 program or course due to such withdrawal; (iii) to reduce or eliminate 46 any financial aid award granted to such individual which could not be 47 used, in whole or part, because of such withdrawal or because of the 48 failure to complete any educational program or course due to such with- 49 drawal; or (iv) to fail to provide a credit or refund of tuition and 50 fees paid by such individual for any semester, term or quarter not 51 completed because of such withdrawal or because of the failure to 52 complete any program or course due to such withdrawal. 53 (e) It shall not be an unfair educational practice for any educational 54 institution to use criteria other than race, religion, creed, sex, 55 color, marital status, age, sexual orientation as defined in section two 56 hundred ninety-two of the executive law or national origin in the admis-A. 1971 11 1 sion of students to such institution or to any of the educational 2 programs and courses operated or provided by such institution. 3 § 18. This act shall take effect on the thirtieth day after it shall 4 have become a law.